LGBTQ+ Employment Issues

The New Jersey Law Against Discrimination offers significant legal protection in the workplace to LGBTQ+ individuals. The NJLAD expressly prohibits discrimination on the basis of “affectional or sexual orientation . . . sex, gender identity or expression.” The protection afforded by the NJLAD to the LGBTQ+ community is thus extremely broad.

Sexual orientation discrimination – discrimination based on the gender(s) you are or are not attracted to – is illegal. Harassment or adverse job actions taken against you on that basis are unlawful under the NJLAD. The NJLAD even goes one step further. If you are discriminated against because you are perceived to be of a certain sexual orientation, even if you are not, that is still illegal.

Gender identity discrimination can take many forms. Transgender individuals, whether they have begun transitioning or not, are protected. So too are non-binary or other individuals who do not intend to medically transition but still present as a gender identity other than their birth gender. Employers must also work with employees who need restroom accommodations. You cannot be harassed, discriminated against, or denied opportunities by an employer for any of these reasons.

Our employment attorneys have successfully represented many members of the LGBTQ+ community in protecting and defending their civil rights. One very significant victory was announced by the New Jersey Appellate Division in the case of Savoie v. The Lawrenceville School, where the Court not only reversed a dismissal of a case involving the termination of a wonderful teacher due his sexual orientation, but also permitted a Constitutional claim to proceed based upon his allegation that he was terminated because of the type of consensual affair that he and his partner were engaging in within their own home.

Our employment attorneys can help protect your rights and we can aggressively pursue employers who violate laws protecting the LGBTQ+ community. If you have an issue that you would like to discuss, please call us or e-mail us now for a free initial telephone consultation.